In order to make the importance of Real Estate Law more visible, it is worth presenting some examples of different forms of practice.
Purchase and sale of property
We could not start with another, but with the most common real estate business among the possibilities of the real estate lawyer. In this type of real estate transaction, it is possible for a professional to act from the analysis of the property’s documentation to the registration of the public deed of purchase and sale, or, even in isolation, in only some parts of the operation, such as in the preparation of the purchase and sale pledge agreement, monitoring of the parties in drawing up the public deed of purchase and sale, analysis of real estate financing contracts, among others.
In this way, Real Estate Law in Marbella involves the phases prior to the acquisition of the property. It includes, for example:
- the purchase itself
- adverse possession
It also includes the exercise of ownership. In this context, for example, the following can be cited:
- the right to build
- neighborhood right
- possessory actions
- among others
In leasing, advice can be provided to both the lessor and the lessee, whereas the lawyer can act in the writing of the lease, as well as in any questioning of clauses that may disadvantage the lessee. Other hypotheses of action within the tenancy relationship, is the collection of rentals, preparation of extrajudicial notification and also, admission of eviction action.
At this point, it is emphasized that the performance in Real Estate Law linked to Urban Law is based on the laws that are responsible for the regulation of habitable spaces, thus dealing with the relationship between private property and public space, so that approval of subdivisions, can be seen as an option for the militant lawyer in this field.
Here it is possible to provide consultancy to condominiums, writing and altering their internal conventions and bylaws, or even advising in condominium meetings, as well as representing tenants in the filing of lawsuits against defaulting tenants. In addition, real estate lawyers can also be hired to provide advice to condominium administrators.
The registration law can also be included among the hypotheses of performance when considering Real Estate Law, since the special legislation is not able to totally eliminate the possibility of having irregular registrations of the properties, which ends up generating insecurity for the buyer. At this point, there are some work fronts, such as, for example, the regularization of records with the Property Registry, whether with area rectification, annotations and, even, before the municipal agency. Lawsuits, such as compulsory adjudication, can also be part of the list of opportunities related to registration law.